Legal
Terms of Service.
Weather alerts, platform access, subscriptions, privacy, and risk allocation.
These Terms of Service (“Terms”) are a legally binding agreement between Alpha Weather Analysis LLC (“AWA,” “Alpha Weather Analysis,” “Company,” “we,” “us,” or “our”) and each person or entity that accesses or uses the Platform or Services (“User,” “you,” or “your”).
The Platform includes the Alpha Weather Analysis website, web applications, mobile applications, email and SMS alert services, account portals, maps, APIs, data feeds, and any related or future services, features, content, or functionality offered under the Alpha Weather Analysis name.
1. Acceptance of Terms
BY ACCESSING, REGISTERING FOR, PURCHASING, DOWNLOADING, INSTALLING, OR USING ANY ALPHA WEATHER ANALYSIS PLATFORM OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE ALPHA WEATHER ANALYSIS PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE.
If you do not agree, you must not access or use the Platform or Services. Where applicable law requires separate or renewed consent to a material change, Alpha Weather Analysis will seek that consent before the change applies to you. Otherwise, continued use after the effective date of properly disclosed updated Terms constitutes acceptance of those updated Terms.
2. Service Description and Scope
Alpha Weather Analysis provides proprietary meteorological analysis, weather forecasts, Advance Notices, Immediate Alerts, radar and map imagery, premium articles, brief discussions, geographic polygons, micro-zone notifications, and related weather-information services.
Consumer Services are intended primarily for personal, non-commercial use. Any commercial, enterprise, API, redistribution, public-safety, or operational use requires express written authorization or a separate agreement.
3. Nature of the AWA Alerts Service
AWA provides proprietary weather analysis, weather-related information, Advance Notices, Immediate Alerts, brief discussions, articles, maps, geographic polygons, micro-zone notifications, and general preparedness guidance.
AWA will use commercially reasonable efforts to operate the Services substantially as described. Weather conditions, observational data, forecast models, communication networks, third-party systems, maps, geographic databases, and delivery systems are inherently uncertain and may change rapidly.
AWA does not promise or guarantee that every threat will be identified, every alert will be issued, every affected location will be included, or an alert will be received before hazardous conditions begin.
4. AWA Alerts Are Proprietary and Not Official Government Warnings
AWA is a private weather-information provider. It is not the National Weather Service, NOAA, FEMA, law enforcement, a fire department, an emergency-management agency, a public-safety answering point, or any other governmental authority.
An AWA “Advance Notice,” “Immediate Alert,” or other AWA product is a proprietary AWA classification. It is not an official government watch, warning, advisory, evacuation order, emergency declaration, or Wireless Emergency Alert unless the alert expressly reproduces and attributes an official product to the issuing authority.
The words “Immediate” or “Imminent” describe AWA's assessment of timing. They do not guarantee that a threat will occur, occur at an exact location, or occur within an exact period.
AWA does not claim endorsement, sponsorship, approval, or affiliation with NOAA, the National Weather Service, FEMA, or any other government agency.
5. Weather Data, Forecast, and Model Accuracy
Weather forecasts, alerts, radar products, maps, and related meteorological information are provided for general informational and situational-awareness purposes. Although AWA endeavors to provide timely and useful information, AWA does not warrant the completeness, reliability, accuracy, precision, or timeliness of any data or analysis.
Weather is inherently unpredictable. Forecasts and hazard assessments are estimates based on available observations, mathematical models, algorithms, third-party data, and human judgment and may contain errors, omissions, uncertainty, or rapidly changing assumptions.
6. Informational Service Only
AWA alerts and guidance are provided for general informational, educational, and situational-awareness purposes. The Services are not designed or authorized to serve as:
- A sole or primary emergency-warning system;
- A replacement for official government alerts;
- A substitute for 911 or local emergency services;
- Personalized safety, evacuation, medical, legal, engineering, insurance, firefighting, or emergency-management advice;
- A guarantee of personal safety or property protection;
- A property-loss-prevention, security-monitoring, rescue, dispatch, or emergency-response service;
- A substitute for insurance, emergency planning, building codes, evacuation planning, or professional risk assessment; or
- A system upon which critical life, death, health, transportation, operational, or property-protection decisions should exclusively depend.
You must not delay protective action, evacuation, sheltering, contacting emergency services, or following government instructions while waiting for an AWA alert, update, correction, or confirmation.
7. Emergency Services Disclaimer
ALPHA WEATHER ANALYSIS IS NOT A SUBSTITUTE FOR OFFICIAL EMERGENCY ALERTS, GOVERNMENT WARNINGS, OR PUBLIC-SAFETY SYSTEMS. THE SERVICES ARE NOT INTENDED TO BE THE SOLE BASIS FOR EMERGENCY, LIFE-THREATENING, EVACUATION, TRAVEL, PROPERTY-PROTECTION, OR OTHER SAFETY-CRITICAL DECISIONS.
In an emergency, call 911 or the applicable emergency number and follow instructions from official government and public-safety authorities. Never wait for an AWA alert before taking protective action that is otherwise appropriate.
8. Safety-Critical Information Disclaimer
The Platform may display weather conditions, road or travel conditions, traffic information, environmental hazards, fire conditions, flooding information, or other safety-related content. All such information is supplemental and may be incomplete, delayed, inaccurate, unavailable, or geographically imprecise.
AWA has no duty to provide comprehensive coverage of every hazard or condition. You must exercise independent judgment and consult official sources, local authorities, emergency professionals, and other qualified services before making decisions that may affect safety, property, operations, or welfare.
9. Multiple Sources Are Required
You are responsible for maintaining and monitoring multiple independent sources of weather and emergency information, including, as applicable:
- Official National Weather Service products;
- Wireless Emergency Alerts;
- NOAA Weather Radio;
- Local television or radio;
- State and local emergency-management agencies;
- Law enforcement and fire agencies;
- Local evacuation and road-closure information; and
- Other reliable weather-information sources.
AWA must never be used as your only warning source.
10. General Nature of AWA Guidance
“AWA Guidance,” preparedness statements, recommended actions, and similar content are generalized suggestions based on information available when the content is prepared.
Guidance is not personalized to your building, health, mobility, transportation, terrain, elevation, road conditions, occupation, emergency plan, or other individual circumstances. You remain responsible for evaluating your circumstances, following official instructions, and obtaining qualified professional assistance where appropriate.
AWA does not undertake a fiduciary duty, special relationship, rescue duty, property-protection duty, or comprehensive duty to warn. Any duty voluntarily undertaken by AWA is limited to commercially reasonable provision of the Services expressly described in these Terms.
11. No Guarantee of Accuracy, Completeness, or Timeliness
AWA does not guarantee that information will be accurate, complete, uninterrupted, current, error-free, or fit for a particular purpose. Alerts may be:
- Delayed, missed, duplicated, or incorrectly issued;
- Overinclusive or underinclusive;
- Delivered after a threat begins or ends;
- Delivered outside the most seriously affected area;
- Not delivered to an affected location;
- Based on preliminary, incomplete, estimated, automated, modeled, or third-party information; or
- Changed, corrected, extended, replaced, or canceled after publication.
Forecast tracks, polygons, storm motion, severity estimates, rainfall amounts, wind speeds, hail sizes, arrival times, and expiration times are estimates and may materially change.
12. Alert Delivery Limitations
Alert delivery may be delayed, limited, duplicated, misdirected, filtered, or fail because of device settings, spam filters, full inboxes, network connectivity, telecommunications failures, power outages, third-party providers, platform restrictions, maintenance, cyber incidents, or other circumstances beyond AWA's reasonable control.
AWA does not guarantee issuance or receipt of timely warnings. Delivery confirmations, if displayed, indicate only the status reported by applicable systems and do not guarantee that a User saw, opened, understood, or acted upon the alert.
13. Alert Expiration Does Not Mean Conditions Are Safe
An alert expiration indicates when that particular AWA alert is scheduled to expire. It does not declare that the hazard has ended, conditions are safe, roads are open, an evacuation has been lifted, floodwater has receded, fire danger has ended, emergency services have resumed, or it is safe to return.
You must continue monitoring official information after an AWA alert expires.
14. Geographic Polygons and Micro-Zone Limitations
AWA may use polygons, map points, ZIP codes, cities, neighborhoods, communities, counties, coordinates, addresses, and other geographic information to determine potentially affected locations and subscribers.
Geographic matching is approximate and may be affected by inaccurate or outdated maps, boundary or geocoding errors, ambiguous place names, irregular administrative boundaries, city-center mapping, movement away from a saved location, storm-path changes, small-scale hazards, database errors, and software or processing failures.
A saved micro-zone is a notification preference and is not continuous tracking of your current physical location unless a separate location feature is expressly offered and enabled. AWA does not guarantee that a polygon will include every affected person or exclude every unaffected person.
15. Subscriber Responsibilities
You are responsible for:
- Selecting accurate and currently relevant micro-zones;
- Reviewing and updating saved locations;
- Keeping your email address, telephone number, and account information accurate;
- Enabling notifications and permitting operational communications;
- Checking spam, junk, blocked-sender, and notification settings;
- Maintaining compatible equipment, software, internet access, cellular service, and electrical power;
- Independently monitoring official weather and emergency sources;
- Not using the Services while operating a vehicle or equipment in an unsafe manner; and
- Taking reasonable precautions appropriate to your circumstances.
16. Official Evacuation Orders and Government Instructions
Only authorized governmental agencies may issue official evacuation orders, shelter orders, road closures, emergency declarations, or similar legally operative instructions.
AWA may summarize or relay official instructions. The issuing authority's original communication controls. Any AWA statement referring to mandatory evacuation, official closure, suspended emergency services, or governmental direction must be understood as a summary attributed to the relevant authority, not an order independently issued by AWA.
17. Restricted Critical Uses
Unless AWA enters into a separately signed agreement specifically authorizing the use, the consumer Services must not be used as the primary or sole system for:
- Emergency dispatch or emergency management;
- Hospitals, healthcare facilities, or patient safety;
- Aviation, maritime navigation, rail, or autonomous transportation;
- Utilities or critical infrastructure;
- Schools, institutions, or mass evacuation decisions;
- Firefighting, law enforcement, or military operations;
- Construction shutdowns or hazardous-material operations;
- Large-event public safety;
- Industrial process control;
- Business continuity or employee-safety systems;
- Insurance underwriting or claim determinations; or
- Any use where an error, delay, interruption, or omission could reasonably cause death, injury, major property damage, or substantial environmental harm.
18. Third-Party Data, Maps, and Providers
AWA may rely on government agencies, radar systems, forecast models, weather stations, satellites, mapping providers, geographic databases, hosting providers, email and SMS providers, payment processors, advertising networks, telecommunications carriers, and other third parties.
AWA does not control and is not responsible for the continued availability, accuracy, completeness, licensing, security, or performance of third-party systems. Third-party names, trademarks, content, or links do not imply endorsement of AWA, and AWA's use of public or licensed information does not mean the originating provider has reviewed or approved AWA's analysis.
19. Corrections, Revisions, and Cancellations of Alerts
AWA may update, correct, replace, extend, or cancel an alert at any time. A correction may not reach every recipient who received the original alert. You are responsible for monitoring subsequent updates and official information.
Previously delivered alerts may remain in inboxes, notification histories, screenshots, caches, archives, or third-party systems after an alert is revised or removed.
20. Service Availability, Modifications, Suspension, and Discontinuance
AWA may modify, limit, suspend, discontinue, or terminate any Platform feature or Service, temporarily or permanently, where reasonably necessary for operational, legal, security, commercial, technical, or product reasons. AWA will provide notice when reasonably practicable and legally required.
AWA may impose feature limits, change supported regions or data sources, discontinue outdated platforms, restrict access, or suspend accounts that threaten security, integrity, legal compliance, or other Users. Except where prohibited by law or an applicable written agreement, AWA is not liable for modification, suspension, or discontinuance of the Services.
21. Force Majeure
AWA is not liable for failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, severe weather, war, terrorism, civil unrest, embargoes, government action, epidemics, pandemics, fire, floods, power outages, telecommunications or internet failures, cyberattacks, labor disputes, cloud-service outages, data-provider failures, or other third-party disruptions.
22. Eligibility and Age Requirements
The Services are not directed to children under 13. AWA does not knowingly collect personal information from children under 13 without legally required parental consent.
Users between 13 and the age of legal majority may use non-purchase features only with permission and supervision of a parent or legal guardian. A subscription purchase must be made by an adult or legal guardian who has authority to enter into these Terms and accepts responsibility for the minor's use.
23. Accounts, Credentials, and Security
You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of credentials, authentication links, devices, and account access and for activity occurring through your account, except to the extent caused by AWA's breach of a nonwaivable legal duty.
You must promptly notify AWA at contact@alphaweatheranalysis.com of suspected unauthorized access, account compromise, or security incidents. AWA may require identity verification, reset credentials, suspend access, or take other reasonable protective measures.
24. User Obligations and Prohibited Activities
You must comply with all applicable laws and must not interfere with, disrupt, damage, burden, or compromise the Platform, Services, networks, servers, data, or other Users. Prohibited conduct includes:
- Violating applicable federal, state, local, or international law;
- Selling, transferring, sublicensing, or commercializing an account or access right;
- Using the Services for unauthorized advertising, promotions, or marketing;
- Using bots, scrapers, scripts, automated tools, or abusive requests to access, monitor, copy, or disrupt the Services;
- Reverse engineering, decompiling, disassembling, bypassing, or attempting to derive source code, algorithms, or security controls except where a nonwaivable law expressly permits it;
- Falsely representing, manipulating, fabricating, or maliciously misusing AWA alerts or content;
- Attempting unauthorized access to systems, networks, data, accounts, or administrative tools;
- Introducing malware or exploiting technical vulnerabilities;
- Harassing, impersonating, deceiving, or infringing the rights of others; or
- Using the Services in a manner that could expose AWA or others to legal, regulatory, security, or reputational harm.
25. Trial, Payment, and Subscription Abuse
AWA prohibits trial abuse, payment evasion, subscription manipulation, credential sharing, and attempts to obtain paid access without authorization. Prohibited conduct includes canceling and restarting trials to extend free access, creating multiple accounts to obtain repeated trial periods, using false or unauthorized payment information, knowingly disputing legitimate authorized charges without a valid basis, exploiting technical vulnerabilities to bypass payment or access controls, sharing credentials to enable unauthorized access to paid features, or using automated tools to manipulate trials, billing, promotions, or access systems.
AWA may suspend or terminate accounts, deny promotional eligibility, recover unpaid amounts, and pursue lawful remedies for material violations. AWA will not treat a good-faith billing inquiry, valid legal dispute, or exercise of a nonwaivable consumer right as abuse.
26. Intellectual Property Rights and Limited License
The Platform, Services, and all associated text, graphics, logos, icons, images, maps, layouts, audio, video, downloads, data compilations, databases, software, algorithms, templates, methodologies, trademarks, trade dress, and trade secrets are owned by or licensed to Alpha Weather Analysis and are protected by intellectual-property and other laws.
Subject to these Terms, AWA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the consumer Services for personal, non-commercial purposes. No ownership right is transferred. All rights not expressly granted are reserved.
27. Multi-Platform Service Coverage
These Terms apply to all Alpha Weather Analysis services, including websites, web applications, mobile applications, account portals, email and SMS delivery, APIs, data feeds, and future platforms. Different platforms may require separate authentication and may have platform-specific technical, payment, notification, or availability limitations.
28. API, Data Feed, and Integration Terms
Use of any AWA API, data feed, webhook, embedded product, or integration requires express written authorization and may require a separate agreement. Unauthorized access, scraping, excessive usage, credential sharing, circumvention of technical controls, or violation of integration terms may result in suspension, termination, and legal action.
29. Commercial, Business, and Enterprise Use
Commercial use, resale, public display, redistribution, incorporation into another product, employee or customer alerting, enterprise operations, or monetization of AWA content requires express written permission from Alpha Weather Analysis and may require a separate commercial license or enterprise agreement.
30. Advertising, Sponsored Content, and Third-Party Promotions
The Platform may display advertisements, sponsored content, affiliate links, or promotional materials supplied by third parties. AWA does not endorse, warrant, or guarantee advertised products, services, claims, or content. Transactions and disputes with advertisers are solely between you and the applicable third party.
31. Third-Party Links and Services
The Platform may link to or interoperate with third-party websites, applications, stores, maps, payment services, or content not owned or controlled by AWA. AWA is not responsible for third-party content, availability, security, privacy practices, terms, goods, services, or losses arising from your dealings with those third parties.
32. Subscription Terms and Automatic Renewal
Monthly and yearly subscriptions automatically renew for successive billing periods unless canceled before the applicable renewal date. Before purchase, AWA will clearly disclose the price, billing frequency, renewal period, continuing nature of the subscription, trial or promotional terms, post-promotion price, cancellation method, and any minimum commitment.
AWA will obtain and retain legally required affirmative consent to automatic-renewal terms and will provide acknowledgments, renewal reminders, price-change notices, and other disclosures required by applicable law.
33. Subscription Management and Cancellation
Subscriptions purchased directly from Alpha Weather Analysis through Stripe or another direct web processor must be manageable and cancelable through the AWA account portal or another clearly disclosed online method. A cancellation stops future renewals but does not automatically create a refund for the current billing period.
Subscriptions purchased through the Apple App Store, Google Play, PayPal, or another marketplace may need to be managed through that platform in accordance with its rules. AWA will provide reasonable assistance but cannot override a third-party platform's account controls or payment procedures.
34. Refund & Cancellation Policy
This Refund & Cancellation Policy applies to paid subscriptions and services offered by Alpha Weather Analysis LLC, including premium weather alerts, private alerts, forecasts, weather analysis, subscriber-only content, and other paid services offered through the Alpha Weather Analysis website or related services. It forms part of these Terms.
34.1 Subscription Cancellation
AWA subscriptions may be canceled at any time. Canceling your subscription prevents future automatic renewals. Unless otherwise required by applicable law, cancellation takes effect at the end of your current paid billing period.
You will continue to have access to the paid AWA services included with your subscription until the end of that billing period. Canceling a subscription does not automatically generate a refund for charges that have already been processed.
34.2 Refund Policy
Payments for AWA subscriptions are generally non-refundable once a paid billing period has begun.
AWA does not normally provide full or prorated refunds for:
- Unused time remaining in a monthly or annual subscription.
- Forgetting to cancel before a subscription renews.
- No longer needing or using AWA services.
- Subscribing for a specific weather event and canceling after the event has ended.
- A storm, weather event, or anticipated hazard weakening, strengthening, changing direction, or failing to develop.
- Forecasts, alerts, outlooks, risk levels, or weather analysis changing as new information becomes available.
- Dissatisfaction based solely on whether a particular weather forecast or anticipated event occurred exactly as expected.
- A user's device settings, browser settings, email settings, notification permissions, internet connection, cellular service, spam filtering, or other third-party systems interfering with delivery of an alert or notification.
- Temporary interruptions or delays caused by weather-data providers, internet infrastructure, third-party APIs, hosting providers, or other circumstances outside AWA's reasonable control.
34.3 Case-by-Case Refund Reviews
Although subscription payments are generally non-refundable, AWA may review refund requests on a case-by-case basis. At AWA's discretion, we may issue a full refund, partial refund, subscription credit, extension of service, or another appropriate adjustment.
Circumstances that may qualify for review include:
- Duplicate charges.
- Confirmed billing errors.
- Unauthorized or clearly accidental duplicate purchases.
- Significant technical problems that prevented a subscriber from accessing the paid service for a substantial period.
- An incorrect subscription tier being charged due to an AWA billing-system error.
- Other exceptional circumstances where AWA determines that a refund or credit is appropriate.
The approval of one refund does not create an obligation for AWA to approve similar refund requests in the future. Nothing in this policy limits any refund, cancellation, or consumer rights required under applicable law.
34.4 Weather Events Do Not Create Refund Eligibility
AWA provides meteorological forecasts, analysis, private alerts, weather intelligence, and related informational services. Weather forecasting inherently involves uncertainty. Forecasts and weather conditions can change rapidly as new observations, radar information, model guidance, satellite information, and other meteorological data become available.
AWA may therefore update, increase, decrease, modify, replace, or cancel forecasts, alerts, risk levels, and weather analysis as conditions change. A weather event weakening, changing track, failing to occur, occurring differently than forecast, or ending earlier than anticipated does not by itself qualify a subscriber for a refund.
Similarly, purchasing an AWA subscription specifically to follow a hurricane, severe-weather outbreak, flood event, winter storm, wildfire-weather event, thunderstorm event, or another weather situation does not create a right to a refund after that event ends. Subscribers are purchasing access to AWA's service and analysis, not a guarantee that any particular weather event will occur.
34.5 Private Alerts
AWA may offer subscriber-only services including Advance Alerts, Immediate Alerts, regional weather alerts, severe-weather alerts, flood alerts, thunderstorm alerts, wind alerts, fire-weather alerts, hurricane alerts, tornado alerts, dust alerts, or other private weather notifications.
Private alerts are provided for informational purposes and may be modified, updated, replaced, or canceled as meteorological conditions evolve. Not receiving a particular alert does not automatically create eligibility for a refund. Alert delivery may depend on information supplied by the subscriber, geographic location settings, notification permissions, email delivery systems, internet connectivity, cellular networks, and third-party technology.
34.6 Automatic Renewal
Unless otherwise stated during checkout, AWA subscriptions automatically renew at the applicable subscription price and billing interval until canceled. Subscribers are responsible for canceling before their next renewal date if they do not wish to be charged for another subscription period. AWA will provide any renewal notices, pricing-change notices, annual subscription reminders, or other disclosures required by applicable law.
34.7 Free Trials and Promotional Periods
If AWA offers a free trial or promotional subscription period, the subscription may automatically convert into a paid subscription at the price disclosed when the subscriber enrolls. To avoid being charged, the subscription must be canceled before the applicable free trial or promotional period expires.
Unless otherwise required by law, failing to cancel a free trial before it converts into a paid subscription does not automatically qualify the resulting charge for a refund. AWA may nevertheless review exceptional circumstances on a case-by-case basis.
34.8 Subscription Price Changes
AWA may change subscription pricing from time to time. Existing subscribers will receive any notice of a pricing change required by applicable law before the new price becomes effective. A subscriber who does not wish to continue at the new price may cancel before the new pricing becomes effective.
34.9 Technical Interruptions
AWA works to maintain reliable access to its website, alerts, analysis, and other services, but uninterrupted availability cannot be guaranteed. Temporary technical interruptions, maintenance, internet outages, third-party provider failures, delayed weather data, API interruptions, or similar temporary issues generally do not qualify for refunds.
If a substantial AWA-controlled technical failure prevents access to a material portion of the paid service for an extended period, AWA may provide a refund, account credit, subscription extension, or other remedy at its discretion.
34.10 Chargebacks and Billing Disputes
If you believe a charge is incorrect, please contact AWA before initiating a chargeback whenever reasonably possible so that we can review the transaction and attempt to resolve the issue. Submitting a fraudulent or intentionally false chargeback may result in suspension or termination of the associated AWA account, subject to applicable law. AWA will not restrict a customer's lawful right to dispute genuinely unauthorized or incorrect charges.
34.11 Access After Cancellation
After cancellation, your paid subscription generally remains active through the end of the period for which you have already paid. After the subscription expires, access to subscriber-only features, private alerts, premium analysis, and other paid services may be removed. Cancellation prevents future renewal charges but does not normally shorten the existing paid subscription period.
34.12 How to Cancel
Subscribers should be provided with an online method to manage and cancel their subscription through their AWA account or subscription-management page. AWA will not require customers who subscribed online to call by telephone solely to cancel an online subscription where applicable law requires online cancellation. Once cancellation is successfully completed, the subscriber should receive confirmation that the subscription will not automatically renew.
34.13 Requesting a Refund or Billing Review
Subscribers who believe they were charged incorrectly or who wish to request an exceptional refund review may contact Alpha Weather Analysis at contact@alphaweatheranalysis.com or through the contact page. The request should include enough information for AWA to identify the subscription and charge. AWA may request additional information when reasonably necessary to investigate a billing issue. Refund decisions are made at AWA's discretion except where applicable law requires otherwise.
34.14 Changes to This Policy
AWA may update this Refund & Cancellation Policy from time to time. Changes will apply prospectively unless otherwise required by law. The most current version of this policy will be made available through the Alpha Weather Analysis website as part of these Terms.
34.15 Third-Party Platform Refunds
Refunds for purchases processed by an app store, marketplace, PayPal, or another third-party seller may be controlled by that platform's terms and procedures. AWA cannot guarantee or override a platform decision. Nothing in this section reduces rights that applicable law gives you against AWA or the applicable seller.
34.16 Nonwaivable Consumer Rights
No refund limitation, waiver, or exclusive-remedy provision applies to the extent prohibited by consumer-protection law.
Weather forecasts, analysis, and private alerts are provided for informational purposes only and should not be considered a substitute for official government warnings, emergency instructions, or information issued by the National Weather Service or other governmental authorities.
35. Electronic Communications, Records, Assignment, and Waiver
By using the Services, you consent to receive agreements, notices, disclosures, account messages, alerts, billing communications, and other records electronically. AWA may retain records showing the version of the Terms accepted, acceptance date and time, account identifier, consent language, subscription disclosures, and transaction information.
36. Email Alerts and Operational Communications
By subscribing, you request and authorize AWA to send operational communications necessary to provide the Services, including weather alerts, corrections, expirations, account notices, billing notices, security notices, and service announcements.
37. Optional SMS Communications
SMS delivery, if offered, requires separate consent. Consent to marketing texts will not be a condition of purchase. You may revoke SMS consent through the methods disclosed at signup, including reasonable opt-out words such as STOP, CANCEL, END, QUIT, UNSUBSCRIBE, OPT OUT, or REVOKE.
38. Privacy Policy and Information Collection
AWA collects and processes information reasonably necessary to operate, secure, support, personalize, and improve the Services. The Alpha Weather Analysis Privacy Policy and any applicable Notice at Collection describe the categories, purposes, retention, disclosures, choices, and rights associated with personal information.
39. Data Sharing and Disclosure
AWA may disclose information to vendors and service providers that support hosting, mapping, email, SMS, analytics, security, fraud prevention, customer support, payment processing, and other operational functions; to professional advisers; in a corporate transaction; to comply with law or legal process; to protect rights, safety, or security; or with your direction or consent.
40. User Privacy Rights and Choices
Depending on your location and applicable law, you may have rights to request access, correction, deletion, portability, restriction, objection, or information about AWA's processing. Requests may be submitted through contact@alphaweatheranalysis.com or the contact page.
41. California Privacy Rights
California residents may have rights under the California Consumer Privacy Act and California Privacy Rights Act. California-specific disclosures, methods of request, authorized-agent procedures, and appeal rights where applicable will be stated in the current Privacy Policy.
42. Data Retention and International Transfers
AWA retains personal information only for periods reasonably necessary for the purposes described in the Privacy Policy. Information may be processed in countries other than your place of residence. Where required, AWA will use legally recognized transfer mechanisms and safeguards.
43. Technical Requirements, Compatibility, and Security
You are responsible for compatible devices, browsers, operating systems, internet access, notification permissions, and other technical requirements. AWA uses reasonable safeguards appropriate to the Services, but cannot guarantee absolute security or uninterrupted service.
44. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, SERVICES, CONTENT, ALERTS, DATA, MAPS, FEATURES, AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AWA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
45. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, AWA AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, METEOROLOGISTS, ADMINISTRATORS, AFFILIATES, LICENSORS, VENDORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, AWA'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO AWA FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
46. No Guarantee Against Loss
Payment for an AWA subscription does not transfer responsibility for personal safety, emergency planning, insurance, building protection, evacuation planning, business continuity, or property-loss prevention to AWA. AWA does not insure or guarantee the safety of any person, home, vehicle, business, event, structure, or property.
47. Indemnification and Defense
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless AWA and its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, suppliers, successors, and assigns from third-party claims arising from your unlawful or prohibited use of the Services, your violation of these Terms, your infringement or violation of third-party rights, your misleading alteration or republication of an AWA alert as an official government warning, or your unauthorized commercial redistribution or integration of AWA content.
48. Time Limit for Claims
To the fullest extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after the claim accrued, or the shortest longer period required by law.
49. Dispute Resolution
49.1 Informal Resolution
Before filing arbitration or litigation, the complaining party must send written notice describing the dispute through the support contact method listed in Section 54. The parties will attempt in good faith to resolve the matter for at least thirty (30) days.
49.2 Individual Binding Arbitration
Except for eligible small-claims matters, public injunctive relief that cannot lawfully be required to proceed in arbitration, intellectual-property protection, and other claims that cannot legally be arbitrated, disputes will be resolved through final and binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association or another mutually agreed recognized provider.
Arbitration will take place in the county where the consumer resides, remotely, or at another mutually agreed location, as required by applicable rules and law.
49.3 Class-Action and Jury-Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AWA WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR CLASS-WIDE ARBITRATION.
49.4 Fees and Costs
Each party will bear its own attorneys' fees and costs unless the arbitration rules, arbitrator, written agreement, or applicable law provides otherwise. AWA will not seek reimbursement of its attorneys' fees from a consumer unless the arbitrator finds the claim frivolous or brought for an improper purpose and applicable law permits an award.
49.5 Small Claims and Injunctive Relief
Either party may bring an eligible individual claim in small-claims court. Either party may seek appropriate injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, unauthorized access, or violation of intellectual property, confidential information, or security rights.
49.6 Arbitration Opt-Out
A consumer may opt out of arbitration by sending written notice through the support contact method listed in Section 54 within thirty (30) days after first accepting these Terms.
50. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law or a nonwaivable law of your jurisdiction applies. For matters not subject to arbitration, the parties consent to the state and federal courts located in the applicable California county, unless applicable consumer law requires a different venue.
51. Export Controls, Sanctions, and International Use
The Services may be subject to United States export-control and sanctions laws. You may not access, export, re-export, transfer, or use the Services in violation of applicable restrictions.
52. Modifications to These Terms
AWA may revise these Terms by posting an updated version and changing the “Last Updated” date. AWA will provide notice of material changes through the Platform, email, or another reasonable method where feasible and legally required.
53. Severability, Entire Agreement, No Third-Party Beneficiaries
If a provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective. These Terms, the Privacy Policy, checkout disclosures, and any applicable written supplemental terms constitute the entire agreement concerning the consumer Services.
54. Notices and Contact Information
Questions, legal notices, privacy requests, refund requests, and support communications:
- Support email: contact@alphaweatheranalysis.com
- Privacy requests: contact@alphaweatheranalysis.com or the contact page
55. Required Alert Disclaimer
AWA PROPRIETARY WEATHER ALERT — NOT AN OFFICIAL GOVERNMENT WARNING
AWA provides supplemental weather information only. Do not rely on AWA as your sole source for emergency or safety decisions. Alerts may be delayed, missed, inaccurate, or geographically incomplete. Monitor official National Weather Service information, Wireless Emergency Alerts, NOAA Weather Radio, and local authorities. Follow official evacuation and emergency instructions. Call 911 in an emergency. Alert expiration does not mean conditions are safe.
56. Required Checkout Safety Acknowledgment
Before completing a subscription, the customer should affirmatively check an unselected box stating: “I understand that Alpha Weather Analysis is a private supplemental weather-information service, not a government emergency-warning or emergency-response service. I will not rely on Alpha Weather Analysis as my sole source for safety, evacuation, travel, property-protection, or other critical decisions, and I will continue monitoring official government and emergency sources.”
57. Entire Risk-Allocation Structure
The disclaimers, restricted uses, subscriber responsibilities, warranty exclusions, refund terms, and liability limitations in these Terms are material parts of the agreement and are reflected in the price charged for the Services. Nothing in these Terms waives a right, remedy, disclosure, duty, or liability that applicable law does not permit the parties to waive.
